HomeMy WebLinkAboutC-4939 - Agreement for Maintenance of Basketball and Tennis Courts at 38th St., Balboa Island, Bonita Canyon Sports Parks, Buffalo Hills, Channel Place, Grant Howald and Irvine Terrace ParksAGREEMENT FOR MAINTENANCE OF BASKETBALL AND TENNIS COURTS
AT 38TH STREET, BALBOA ISLAND, BONITA CANYON SPORTS PARK, BUFFALO
HILLS, CHANNEL PLACE, GRANT HOWALD
(V� AND IRVINE TERRACE PARKS
� J WITH TRUE LINE SURFACING
THIS AGREEMENT i# MAINTENANCE ( "Agreement" or "Contract') is made
and entered into as of this 1— day of AIM 2011, by and between the CITY OF
NEWPORT BEACH, a California Municipa Corporation and charter city ( "City "), and
EDWARD KRUSE, a sole proprietor doing business as ( "DBA ") TRUE LINE
SURFACING ( "Contractor"), whose principal place of business is 1651 Market Street,
Suite B, Corona, CA 92880 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires resurfacing of the tennis courts at Bonita Canyon, Irvine Terrace
and Grant Howald Parks; the basketball courts at 38th Street, Balboa Island,
Bayview, Bonita Canyon Sports Park, Buffalo Hills, Channel Place, Grant Howald
and Irvine Terrace Park.
C. City desires to engage Contractor to resurface the basketball and tennis courts
listed above ( "Project ").
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on June 30, 2012, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
Contractor shall perform all the work described in the Scope of Work attached hereto as
Exhibit A and incorporated herein by this reference ( "Services" or "Work "). As a
material inducement to the City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and Contractor is experienced
in performing the Work contemplated herein and, in light of such status and experience,
Contractor covenants that it shall follow the highest professional standards in
performing the Work required hereunder and that all materials will be of good quality.
For purposes of this Agreement, the phrase "highest professional standards" shall mean
those standards of practice recognized by one or more first -class firms performing
similar work under similar circumstances.
Contractor shall perform everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet this deadline may result in termination of this Agreement by City
and assessment of damages as outlined in Section 3.1
All Work shall be completed no later than the 30th day of June, 2012.
3.1 The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should the Contractor fail
to complete the Project within the time allowed. Should Contractor fail to
complete the Work called for in this Agreement on the date outlined
above, Contractor agrees to the deduction of liquidated damages in the
sum of Fifty Dollars ($50.00) for each calendar day beyond the date
scheduled for completion provided in Section 3 of this Agreement
assuming that the Contractor has access to the space on 1st day of
August, 2011 as described herein.
Execution of this Agreement shall constitute agreement by the City and
Contractor that Fifty Dollars ($50.00) per calendar day is the minimum
value of the costs and actual damage caused by the failure of the
Contractor to complete the Work within the allotted time. Such sum is
liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor if such delay occurs.
4. COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work and Schedule of Billing Rates attached hereto as Exhibit A, City shall
pay to Contractor and Contractor accepts as full payment the sum of Thirty Five
Thousand Six Hundred Ninety Four Dollars and 65/100 ($35,694.65). Contractor
shall not receive any additional compensation unless approved in advance by the City in
writing. City shall pay Contractor no later than thirty (30) days after approval of the
monthly invoice by City staff.
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5. ADMINISTRATION
This Agreement will be administered by the Recreation & Senior Services Department.
Recreation Manager Matt Lohr or his /her designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
6.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the
materials described in Exhibit A shall not be installed unless approved in
advance by the City Administrator.
6.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel
required to perform the Services required by this Agreement, and that it
will perform all Services in a manner commensurate with highest
professional standards. All Services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any
contractual relationship with City.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials
or other things used or employed in performing the Project or for injury to
or death of any person as a result of Contractor's performance of the
Services required hereunder; or for damage to property from any cause
arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
7.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from
defects, obstructions or from any cause arising from Contractor's Work on
the Project, or the Work of any subcontractor or supplier selected by the
Contractor.
7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions,
officers, agents, volunteers, and employees (collectively, the "Indemnified
Parties ") from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which
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may arise from or in any manner relate (directly or indirectly) to any
breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without
limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful
acts, errors and /or omissions of Contractor, its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim
arising from the sole negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any
award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by
the Consultant.
7.4 Contractor shall perform all Project Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their
original condition and former usefulness as soon as possible, and to
protect public and private property. Contractor shall be liable for any
private or public property damaged during the performance of the Project
Work.
7.5 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by
City may be retained by it until disposition has been made of such suits or
claims for damages as aforesaid.
7.6 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
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10. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City. The cost of such insurance shall be included in Contractor's
bid.
1. Coverage and Limit Requirements.
a. Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's
liability insurance with limits of at least one million dollars ($1,000,000)
each type for Contractor's employees in accordance with the laws of the
State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of
the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to
City, along with the required certificate of insurance, a copy of such waiver
of subrogation endorsement.
b. General Liability. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) General Aggregate and two
million dollars ($2,000,000) Products and Completed Operations
Aggregate for bodily injury, personal injury, and property damage,
including without limitation, blanket contractual liability. Coverage shall be
at least as broad as that provided by Insurance Services Office form CG
00 01. None of the policies required herein shall be in compliance with
these requirements if they include any limiting endorsement that has not
been first submitted to City and approved in writing.
c. Automobile Liability. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the
Contractor arising out of or in connection with Work to be performed under
this Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each accident.
d. Builders Risk. For Contracts with Construction /Builders Risk property
exposures, Contractor shall maintain Builders Risk insurance or an
installation floater as directed by City, covering damages to the Work for
.'all risk" or special form causes of loss with limits equal to one hundred
percent (100 %) of the completed value of contract, with coverage to
continue until final acceptance of the Work by City. At the discretion of
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City, the requirement for such coverage may include additional protection
for Earthquake and /or Flood. City shall be included as an insured on such
policy, and Contractor shall provide the City with a copy of the policy.
2. Other Insurance Provisions or Requirements
a. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and an
additional insured endorsement for general liability. Insurance certificates
and endorsements must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current
evidence of insurance shall be kept on file with City at all times during the
term of this Agreement. All of the executed documents referenced in this
Agreement must be returned within ten (10) working days after the date on
the "Notification of Award," so that the City may review and approve all
insurance and bond documentation. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
b. General liability insurance provisions. Primary and excess or umbrella
liability policies are to contain, or be endorsed to contain, the following
provisions:
i. City, its elected or appointed officers, agents, officials, employees, and
volunteers are to be covered as additional insureds as respects:
liability arising out of activities performed by or on behalf of Contractor,
including the insured's general supervision of Contractor; products and
completed operations of Contractor; premises owned, occupied or
used by Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to City, its elected or appointed
officers, officials, employees, agents or volunteers. Contractor shall
submit to City a copy of the additional insured endorsement along with
the required certificates of insurance.
ii. Contractor's insurance coverage shall be primary insurance and /or
primary source of recovery as respects City, its elected or appointed
officers, agents, officials, employees and volunteers as respects to all
claims, losses, or liability arising directly or indirectly from the
Contractor's operations or services provided to the City. Any
insurance or self- insurance maintained by City, its officers, officials,
employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
iii. Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
c. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
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to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and
insurers to provide to City with 30 days notice of cancellation (except for
nonpayment for which 10 days notice is required) or nonrenewal of coverage
for each required coverage except for builder's risk insurance. The builder's
risk policy will contain or be endorsed to contain a provision providing for 30
days written notice to City of cancellation or nonrenewal, except for
nonpayment for which 10 days notice is required..
e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any
self- insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self- insure its
obligations to City. If contractor's existing coverage includes a self- insured
retention, the self- insured retention must be declared to City. City may
review options with the contractor, which may include reduction or
elimination of the self- insured retention, substitution of other coverage, or
other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
f. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from
Contractor's performance under this agreement.
g. Waiver. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against City, its elected
or appointed officers, agents, officials, employees and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to
a loss. Contractor hereby waives its own right of recovery against City,
and shall require similar written express waivers and insurance clauses
from each of its subcontractors.
h. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
i. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
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City's Remedies. City shall have the right to order the Contractor to stop
Work under this Agreement and /or withhold any payment(s) that become
due to Contractor hereunder until Contractor demonstrates compliance
with the requirements of this article. In the alternative, City may purchase
the required coverage and charge Contractor the cost of the premiums or
deduct the cost from Contractor's payments.
k. Coverage not Limited. All insurance coverage and limits provided by
contractor and available or applicable to this agreement are intended to
apply to the full extent of the policies. Nothing contained in this agreement
or any other agreement relating to the city or its operations limits the
application of such insurance coverage.
I. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under
this or any other contract or agreement with the City. Contractor shall
provide proof that policies of insurance required herein expiring during the
term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate
of insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be
provided to City within five days of the expiration of the coverages.
11. BONDING
Contractor shall obtain, provide and maintain at its own expense during the term of this
Contract: a Labor and Materials Payment Bond in the amount of one hundred percent
(100 %) of the total amount to be paid Contractor as set forth in this Agreement and in
the form attached hereto as Exhibit B which is incorporated herein by this reference;
and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the
total amount to be paid Contractor as set forth in this Agreement in the form attached
hereto as Exhibits C which is incorporated herein by this reference.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued
by an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as
an acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide: Property-
Casualty.
The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
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12. PREVAILING WAGES
It is agreed by the parties that in connection with the design, development, installation
and construction of any public work (as defined by applicable law), if any, Contractor
shall bear all risks of payment or non - payment of state prevailing wages and /or the
implementation of Chapter 804, Statutes of 2003 and /or Labor Code sections 1726 and
1781 as the same may be enacted adopted or amended from time to time and /or any
other provision of law.
13. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the Work
outlined in the Scope of Work provided the Contractor obtains City pproval prior to the
subcontractor performing any work. Contractor shall be fully responsible to City for all
acts and omissions of the subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
14. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
15. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
16. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
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deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Recreation Manager Matt Lohr
Recreation & senior Services Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Phone: 949 - 644 -3164
Fax: 949 - 644 -3155
Email: mlohr @newportbeachca.gov
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attention: Ed Kruse
True Line Surfacing
1651 Market Street #B
Corona, CA 92880
Phone: 951 - 817 -0777
Email: trueIine40 @aol.com
17. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Contractor. In the event of termination under this Section,
City shall pay Contractor for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Contractor has not been previously paid. On
the effective date of termination, Contractor shall deliver to City all materials purchased
in performance of this Agreement.
18. STANDARD PROVISIONS
19.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
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19.2 Waiver. A waiver by City of any term, covenant, or condition in the
Contract shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
19.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Contracts of whatsoever kind or nature are merged herein.
No verbal Contract or implied covenant shall be held to vary the provisions herein.
19.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and the Exhibits attached hereto, the terms of
this Contract shall govern.
19.5 Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
19.6 Effect of Contractor's Execution. Execution of this Contract by Contractor
is a representation that Contractor has visited the Project Site, has become familiar with
the local conditions under which the Work is to be performed, and has taken into
consideration these factors in submitting its Project Proposal, and Scope of Work.
19.7 Controlling Law and Venue. The laws, of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the,County of Orange.
19.8 Notice of Claims. Unless a shorter time is specified elsewhere in this
Contract, before making its final request for payment under the Contract Documents,
Contractor shall submit to City, in writing, all claims for compensation under or arising out of
this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all
claims for compensation under or arising out of this Contract except those previously made
in writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Govt. Code §§ 900 et seq.).
19.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
19.10 Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Contract or any other rule of
construction which might otherwise apply.
19.11 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE PITY ATTORNEY
Date: it
By:
Kyle Rc(Nefi
Assistan City Attorney
ATTEST: pp
Date: "I' )' ji
By: 4-k -
Leilani I. Brown
City Clerk �f -Fpnb-
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 8' '3c • A I
La Detweiler
Re ation and Senior Services Director
CONSULTANT: Edward Kruse DBA True
Line Surfacing
Date:
By:�
Edward Kruse
Owner
Tax ID Number: X57 ro S�?�t
Attachments: Exhibit A - Scope of Work and Schedule of Billing Rates
Exhibit B - Labor and Materials Payment Bond
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Jun 30 2011 1:29AM HP LRSERJET FAX TRUELINE 9518170770 page 2
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City of Newport
Attn: Matt Lohr
P.O. Box 1768
Newport Beach, CA 92663
Buffalo Hills Park FLIT Basketball court 5,380.00
Hydroblast court at 10,000 psi to remove existing pealing
Remove and haul off debris
Prime court
Patch cracks, holes, and spatls with Latexite crack binder.
Repair all hollow areas damaged by removal process -
Apply black I. taute restafecer coat to entire surface
Apply two Latexite color coats mired with 990 silica sand for a skid reisitant surface
Apply top coat of latexite without sand -
Stripe to specs.
• Balboa Park halfbasketball court 1,875.00
Power wash courts
Apply black tisurfacer coat to allow for color change
Apply Latexite color coats blue on blue mixed with #90 silica sand for skid resistant surface
Apply top coat without color
Stripe to specs .
• Bayview Park Pull Basketball court 2,750.00
Power wash courts
Patch cracks and grind peel spots
Apply Iateute resurfaow coat to smooth surface out
Apply Latexite color surfaces' mixed with #90 silcia sand same as existing
Apply top coat without sand.
Stripe to specs
to the next page.
Jun 3U 2U11 1:29RM HP LRSERJET FAX TRUE1_INE 9518170770
• Bonita Canyon Sports Park Basketball courts - $2810.00
Power wash court
Patch cracks and spills
Grind any high spots -
Apply black T afnd resufacer coat over surface mixed with #60 silica sand to smooth out surface
Apply two rand coats of Latndne color mixed with 990 silica for a skid resistant coating
Apply Top coat without sand
Stripe same as existing
• Bonita Park 2 Tennis courts
Power wash courts, repair any high spots, spills, or cracks
Apply two send coats of color (red and green) 100% acrylic later for medium speed of play
Stripe to ASBA specs
• Gram Ho raid Park- Cant k and patch $1390.00
V out area where new posis were installed in the cneter of the two courts, patch cracked concrete and install
caulking to reduce frmre cracking
Install caulking between tours on net line and between posts dividing courts to fill voids and make for a cleaner
look .
Remove and replace caulking at entrance to the two courts from gate to post
This job was previously done but not paid, after settling and cracking from install of new posts, there was
cracking and sepeation of surface and caulking. We will touch up and try to get this to look more acceptable
• Grant Howald Park - 1 basketball court
Power wash court
Patch cracks and spells
Gnnd any uneven areas
Apply two sand coats of Laterite color mired with 9.90 silica sand for a skid resistant surface
Apply cap coat witnut sand, stripe same as existing
• 38 th Street Park- 1 full basketball court and 1 half court
Patch cracks and spalls, grind any high spots
Apply black Laterite resurfacer mixed with #60 silica sand
Apply Laterite color coats mixed with #90 silica sand far skid resistant: surface
Stripe to specs
• Channel Place Park basketball court (ball court)
Power wash court and grind high spots, patch cracks and spalls
Apply black Laterite resurfaces coat mixed with #60 silica to provide a better base for color coats
Apply I atexite color mixed with 4190 silica sand for a skid resistant surface (dark green key and light green field)
Stripe same as existing
• Irvine Terrace Full Basketball court
Power wash court, grind high spots, patch cracks and spells
Apply black Iatexite «surfacer coat mixed with #60 silica to provide a befter, longer lasting base for color
Apply Laterite color surface mired with 990 silica for a skid resistant surface
stripe same as existing
• Irvine Terrace 2 Tennis court
Power wash courts, repair any high spats, spalls, or cracks
Apply two sand coats of color (red and green) 1000/a acrylic latex for medium speed of play
Stripe to ASBA specs
• Hand Charge @ 3% - $1039.65
page 3
Page 2 of 2
2,810.00
4,950.00
r ci
2,550.10
3,825.00
92 M
2,575.00
4,950.00
1,039.65
3 5694• &s
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 1000883283
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,047.00, being at the rate of $ 30 Pe r
thousand of the Contract price.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Edward Kruse DBA True Line Surfacing hereinafter designated as the "Principal," a
contract for the agreement for the maintenance of basketball and tennis courts, located
at 38th Street Park, Balboa Island Park, Bonita Canyon Sports Parks, Buffalo Hills Park,
Channel Place Park Grant Howald Park and Irvine Terrace Park in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
NOW, THEREFORE, we, the Principal, and American Contractors Indemnity
Company, duly authorized to transact business under the laws of the State of California
as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport
Beach, in the sum of Thirty five thousand six hundred and ninety four Dollars and
00/100 ($35,694.00) lawful money of the United States of America, said sum being
equal to 100% of the estimated amount of the Contract, to be paid to the City of
Newport Beach, its successors, and assigns; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
event the City is required to bring an action in law or equity against Surety to enforce
the obligations of this Bond.
EXHIBIT B
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance With the provisions of Sections 3247 et. seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 20TH day of ,TONE , 20 11
EDWARD C. KRUSE DBA: TRDELINE
DBA:.TRDELINE..SDRFACING
Name of Contractor (Principal)
AMERICAN CONTRACTORS
INDEMNITY COMPANY
Name of Surety
625 THE CITY DRIVE So. 4130
ORANGE, CA 92868
Address of Surety
(714) 740 -7000
Telephone
Authorized Signature/Title
Authorized Agent Signature
RHOI TRAN, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
-.._
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of ORANGE J}
On JUNE 20, 2011 before me, CHRIS THEVENY, NOTARY PUBLIC
Date Here Insen Name and Tale of Me Officer
personally appeared KHOI TRAM
Name(s) of Signegs)
CHRIS THeVENV
Commission # 1797107
Notary Publlc • Collfornfa £
Orange County
Ca=- May2, 2012
Plxa Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he /she/they executed the same in his/her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF
of the State of California at
true and correct.
WITNESS
Signature
PERJURY under the laws
the foregoing paragraph is
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: BOND NUMBER: 1000883283
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: KHOI TRAN
• Individual
• Corporate Officer — Tiffe(s):
❑ Partner — ❑ Limited ❑ General _ _ _
lK Attorney in Fact
❑ Trustee Top of thumb here
O Guardian or Conservator
❑ Other:
Signer Is Representing
AMERICAN CONTRACTORS
IMEMNITY
Number of Pages:
Signer's Nat
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUL9 BPRI NT
OF SIGNEn
ll`il'llr Mam —
II-i il, II'ibl
POWER OF ATTORNEY T
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING. COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
h' yl
_ICN.QIV Z� EN BIB THESE PRESENTS {I I�IiThatilliWerican ConUaetorselnde10itWblffi any0 California eorporatton , Te xas t "-_
company a Maryland corporal on andIU SSpectalty'CInsu ctors Indemnity rupaay ;�Calrfam`ia.corporahon Uri- e__- StatesrSurety Y"
g p =Yt
ante: Company, a Texas corporation (collectively, the " Coiinpames' -')?do by
these presents make, constitute and appoint:
Paul S. Dito,:Paula LaSalle, Denise Lopez, Chris Theveny; Khoi Tran, Freddy.Anvari, Carolina Johansson, or
_ Mancela Lares of Orange California
;; _its true and IawfulKtomey(s) -in -fact eashM their sepMthiM:eapacity if morsel than�o ticl�s'narhe'd' s loye, with full. p Acil- ann�mutlr9nty -
n hereby conferred ii) its name, place acrd stead to icecuYe,= �sknowledgc and deliVerlanyjiand'�all bohdS, recognizances, mittertakill ,m
`or ofh'er' —instruments or contracts diRurety' tip to include riders, amendments, "and consents of surety, provoing- thc`bonI
penalty does not exceed. * * ** *Three Million * * * ** Dollars (S it 000.000 00 ** 1.
This Power of Attorney shall expire without further action on September 27, 2013. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Compan
`2k ies
r w m�a 'r, t u I I Ilo4 e -
�, Dui`JtesolverFdtautrie lVesident, any Vice;Presrd t +I any Assistant Vice President, any Seexetary�paay Assrstaid Seeretat shall be and is- hereb} vetted wnh'full ,
powezand iulth tyto appomt any one or more smlta le, personslas Attomey(s) -in -Fact to rep basil t nd'act 15C—m mmhehaifuf the Company snblecl to the fit [to wfig F1 �r
iavrsror> e _ "` lHi 1py l "J'
Attorney- in-Facr maybe given full power and authority for and in the name: of and on behalf of the -Company, to execute, acknowledge and deliver, any and all bonds,
recognirances, contracts, agreements or indemnity and other conditional or obligatory undertakings, and any and all notices and documents canceling or terminating the
Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President
and sealed and effected . by the Corporate Secretary.
Be,it r ticmtlerand'an atower of attome�or �oeat�6e seal eft rt eC9m Theretofore or herea erlaffixetlN ir,yany;.power of attorney or any ccrhficate_relatxrg _
6y Y P Y P to'
;•< r 'r — eatm�tm�"lt a signature or facsimdelsealyhall be v1 dl o�nd grinding upon the G$mpany -wiz£ ree[ -ro
't -any bond or:uiriicnakmg twhich it is auachcd — — 'FIPl Ihl711 y1��ylij[Itlfl a';'' —
�� -.� -- —
"IN W 1TNES5 WI- IERFOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
4's day of January, 2011.
AMERICAN CONTRACTORS INDEMNITY COMPANY I EXAS BONDYNG-40MPANY
III mr ^gym e l fin "^ll
_ - = — UNITED' STATE§jSURETY C01fPANY U.S. SPECCALTA` INSURANCE COMTP.ANY
GTf oratF=SealS "���I+ ill 4y1,`I� �II�� jI (�Ijfj Ipt �`I�I I�
rc,h I illiil OSEAL revr_c4.1jt« '+ '% ' i Daniel P. Aguilar, Vice President State of California
�ounty�if1,01Ingel�e� SS; _ -- = -. f li'li�. Ip�t+,lr`li "I" Il�it'f( ilr _ -
u,� tii dI al i� ,f yiil
On this 4 day of January, 2011, before one Jenffi£er Caron, -a notary public personallyrappeared;DanielP. Aguilarcc Presidenf of
American Contractors Indemnity Company, Texas Bonding Company, United "f States Surety Company and U.S. Speeialty In- urance x
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument
yla y'1 ii1yl�lh lull a ill hr...�liil :7 7� rt( 7 -
Inert fy of dc�EiI1LTY OF PER YI nde'rythei'a ysV ofrthe State of California that tlte_F_o ageing paragraph i`s a ecu
m hM and official seal y ji, � '! _ °g JENNIFER CEPON @ y
Signature � (/ ✓ � (Seal)
t I�leat id J. K2 cos istalanit Secretary of Amrrican G'ontracto °r indemnity
-its r-t t '�' rz Cool ari d
Company and UES?rSpecialty.Insurance p y� pdterehy certifythat the
bf Attorney, exell by said Compantcs, which is still in full force and effe
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand;and
c JUNE � ' v 2011
�G� porateSeals ,NIll 1'Pd it s
Bond No. 1000883283
Agency No. 9007
T r� --
l 1 1
t LI i{ t
Commission a 1866484
Notary Public - Calllornls
Los Angeles County
npary, Untted;a tales Surety
and correrarp cof a.P.ower -
s of the Boards ofDtrIrs;
the seals of said Companies at Los Angeles, California this 20TH day
OR
Jeannie J. Kim, Assistant Secretary
II I [le"', P JI q 1t',� III d "v
Al � Ili Ilii dilliil i��i li)li
t l eft ^� �l� l'i fil II 4�lll-, ICI tlo-v
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
• �i7ia'L /,''iti�
I
• i
I Dale
personally appeared
WETTE V. LEONE
Commission s 1913836
< =: Notary Public - California i
? San Bernardino County '-
My Comm. Expires Jul 11, 2015
Place Notary Seal At
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
,4-e
'd e-'
CnnL CODE 0 1199
who proved to me on the basis of satisfactory
evidence to be the persono whose name( s) is/are
subscribed to the within instfument and ackn6wledged
to m that he /s#%/tt y executed the same in
his/h r /thKr authorized capacity(ilps), and that by
hislf�6r/thl4ir signature(') on the instrument the
person( , or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my han and official seal.
6 "
Signature: v'
Signature of Notary Public
Description of Attached Document
Title or Type of Document:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer— Title(s):
❑ Individual
❑ Partner -- Limited []General
C Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Other.
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2010 National Notary Association • NationalNotary .org • L800 -US NOTARY (1- 800 - 8]6.682]) Item x5901
Jun 30 2011 1 :29RM
HP LRSERJE.T FRX TRUELIME.9518170770
Trueline
°TnreLine
Uc #662625
1651 Market Street, Suite
Corona, CA 92880
(951)817 -O777
truelme40@aoLcom
City of Newport
Attn: Matt Lohr
P.O. Bax 1768
NewpartBeich, CA 92663
page 2
Exhib)t A
• Buffalo Hills Park Full Basketball court 5,380.06
Hydroblast court at 1 Q000 psi to remove existing peeling _
Remove and haul off debris
Prime court
Patch sacks, holes, and speft with Latexdte crack binder.
Repair all hollow areas damaged by removal process
Apply black Latinate resmiacet coat to entire surface
Apply two l ate>ste color coats mired with #90 silica sand for a skid reiiitant surface
Apply top coat of Latexite without sand
Stripe to specs.
• Balboa Park half basketball court L,875.00
Power wash courts
Apply black rtsurfacer coat to allow for color change
Apply Lat®ate color coats blue on blue mixed with #90 silica sand for skid resistant surface
Apply top coat without color
Stripe to specs
• Bayview Park Full Basketball court 2,750.00
Power wash courts
Patch tracks and grind peel spots .
ApplyLateate resurfaces scat to smooth surface out
Apply Latexiae color surfaces mixed with 490 silcis sand same as existing
Apply top cod without sand
Stripe to specs
to the next page.
Jun 30 2011 1 :29AM HP LRSERJET FAX TRUELIME 9518170770
• Bonita Canyon Sports Park Basketball courts - $2810.00
Power wash court
Patch cracks and spalls
Grind any high spots .
Apply black latesite resufacer coat over surface mixed with #60 silica send to smooth out surface
Apply two sand costs of r at®dte color mixed with 090 silica for a skid resistant coating
Apply Top coat without sand
Stripe same as costing
• Bonita Park 2 Termis courts
Power wash courts, repair any-high spots, spells, or cracks
Apply two and coats of color (red and green) 100% acrylic latex for medium speed of play
Stripe to ASBA specs
• Gram Iiowald Park- Caulk and patch $1390.00
V out area where new posts were installed in the meter of the two courts, patch cracked concrete and install
caulking to reduce future cracking
Install caulking between coots on net line and between posts dividing courts to fill voids and make for a cleaner
look .
Remove and replace caulking at entrance to the two courts from gate to post
This job was previously done but not paid, after sending and cracking from install of new posts, there was
cracking and seperation of surface and caulking. We will touch up and try to get this to look more acceptable
• Grant Howald Park - 1 basketball court
Power wash court
Patch cracks and spalls
Grind any uneven areas
Apply two sand coats of Iatexite color unbxed with 990 silica sand for a skid resistant surface
Apply cap coat witout sand, stripe same as existing
• 38 th Street Park- 1 full basketball court and 1 half court
Patch cracks and spans, grind any high spots
Apply black Lat=te resurfacer mixed with #60 silica saad
Apply Latexite color coats mixed with #90 silica sand for skid resistant surface
Stripe to specs
• Channel Place Park tmckethatt court (half court)
Power wash court and grind high spots, patch cracks and spalls
Apply black Iatecite resurfacer coat mixed with OW silica to provide a better base for color coats
Apply Late-xite color mixed with #90 silica sand for a skid resistant surface (dark green key and light green field)
Stripe same as Basting
• Irvine Terrace Full Basketball court
Power wash court, grind high spots, patch cracks and spells
Apply black 1 A*exite resurfacer cot mixed with #60 silica to provide a better, longer lasting base for color
Apply Latexite color surface mixed with #90 silica for a skid resistant surface
stripe same as existing
• Irvine Terrace 2 Tennis court
Power wash courts, repay any high spats, spells, or cracks
Apply two sand coats of color (red and grem) 100% acrylic latex for medium speed of play
Stripe to ASBA specs
• Bond Charge @ 3% - $1039.65
Accepted By: Accepted Date:
page 3
Page 2 of 2
2,810.00
4,950.00
t -0
2,550.00
k .v
2,575.00
4,950.00
1,039.65
35691-.6s-
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 1000883283
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,047.00, being at the rate of $ $30 per
thousand of the Contract price.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Edward Kruse DBA True Line Surfacing hereinafter designated as the "Principal," a
contract for the agreement for the maintenance of basketball and tennis courts, located
at 38th Street Park, Balboa Island Park, Bonita Canyon Sports Parks, Buffalo Hills Park,
Channel Place Park Grant Howald Park and Irvine Terrace Park in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
NOW, THEREFORE, we, the Principal, and American Contractors Indemnity
Company, duly authorized to transact business under the laws of the State of California
as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport
Beach, in the sum of Thirty five thousand six hundred and ninety four Dollars and
00/100 ($35,694.00) lawful money of the United States of America, said sum being
equal to 100% of the estimated amount of the Contract, to be paid to the City of
Newport Beach, its successors, and assigns; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
event the City is required to bring an action in law or equity against Surety to enforce
the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
'This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 20TH day of JUNE 120 11
EDWARD C. KRUSE DRA: TRUELINE DRA:
TRDELINE SURFACING
Name of Contractor (Principal)
AMERICAN CONTRACT
MM[NITY COMFANY
Name of Surety
625 THE CITY DRIVE SO. 4130
ORANGE, CA 92868
Address of Surety
(714) 740 -7000
Telephone
Authorized Signature/Title
Authorized Agent Signature
R.HOI TRAN, ATTORNEY-IN-FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
CALIFORNIA ? 5. �4: LaS. �. S.. icY' ��'- U'. 5� .'..�5.!NC•'P�i.!�.fau�4i.��L -: : �G%) i.. �G�?4^�7ia�fS.��AV�T✓..A49i...Q :�5:�5.35,:"l4 @SG=? �.. :i..a
State of California
County of ORANGE
On JUNE 20, 2011 before me, CHRIS TH :VERY, NOTARY PUBLIC
Date Here Insert Name antl Title of the Officer
personally appeared KHOI TRAM
Name(s) 01 Signer(s)
®2007 National Notary Association• 9350 De Solo Am. P.O. Box 2402-Clffa x rth. CA 913132402- wxw.NationalNotaryorg Itemp5907 Reortler.Call TolbFree1.800- 876 -6827
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that
he /she/they executed the same in his/her /their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
CHRIS THEVENY
Commission # 1797107
which the person(s) acted, executed the instrument.
Notary Public - California
C'
£
orange County
I certify under PENALTY OF PERJURY under the laws
Mycomm. esrvioy2,2012
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h an cal seal.
Signature
Place Notary Seal Above
Signet otary PuNic
OPTIONAL
Though the information below is not required by law, it
may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: BOND NUMBER:
1000883283
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: RHOI TRAN
Signer's Name:
Cl Individual
❑ Individual
❑ Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General _ _
❑ Partner — ❑ Limited ❑ General _ _ _
(M Attorney in Fact -
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
AMERICAN CONTRA CT0R5
INDEMNITY COMP
®2007 National Notary Association• 9350 De Solo Am. P.O. Box 2402-Clffa x rth. CA 913132402- wxw.NationalNotaryorg Itemp5907 Reortler.Call TolbFree1.800- 876 -6827
t'c3 �3
MAD
c�POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY III =Kd 1't�1 ' Y THESE PiRE E' ii S. t+Ph e ""t�� an. Contractoffiidfflj i Csml California coipo nn _gexa§
one g anima assumed name'So 1%' -4 Ilan n�tY4a�SOrs Indemnity ( ft a al i corporation Un S es
- -ompan , a IularyLand corporation anld �..p''"lecialty'Ilnsurance Company, a'l;exas corporation (collectively, the "Companies;-) do by
these presents make, constitute and appoint:
Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina Johansson, or
Mancela Lares of Orange California
11 In lwfu° Attomey( s)- in- far>et7r�rr'atatapacity if moi't a>.e 1s `n�edll�bi>e, with full pu�and -auur - -
hereby conyy.'eaed m' fits name, place am sTe �t e TiY iowledge and dte�l ;eta y II, 1 11ll�bo as, recognizaneeW�rn�ertafi ngs
nor otl a nsfruments or contracts o ure'ty up to include riders, amendments, and consents of surety, proiTdin tl e bones
penalty does not exceed * * ** *Three Million * * * ** Dollars ($ * *R Ono, 000 00 ** ).
This Power of Attorney shall expire without further action on September 27; 2013. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies
o Iq :1
1?,?3�Re ed s rzsident, any VicetP.r^estfler h i sr' n�Utde President, any Secmtar - onaya - �ststant Secze shell be and ts.hereby�ves th ifuN .
'Qro�er�nd lFalui �ap�rnt any one ormol',e �pikable p s�asl �.Q[f4II ,tlS) -in -Fact to represenEanM forxm`L- nn� —ehIi of the Company ec`+oA,t�01rhae Burg - -
`eprovrstans,
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of dreee eornpeny, to execute, acknowledge and delive y bonds,
recogrtizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the
Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President
and sealed and effected by the Corporate Secretary.
B"
Resolved thatkthera, ignatme of any authonzed ffi rand Company heretofore or heSit aRerfaffixed �o yl o ^Iwer of atomey or any c�rficatc- rela�g
-_ there imt�e: y power ofattomeaar cetanr i signature or fa65il ilpiseah Ile vIli� ding upon the C9ar�q r remecG -ro -
anbor�id org�underlalir'(Eahioh it is attached �' •�� rl�i
WITNESS WHEREOF, The Companies have caused this instrument to be si'�I ed and their corporate seals to be hereCO affixed, this —�
40' day of January, 2011.
�� AMERICAN CONTRACTORS i lit, NITY COMPANY TEXAS BONDIN &-�OIvIPANY
MI UNITED)5MAq q V4 pe Ik, U.S. SPEeTA - I `�3 �
ateals �J�Iktl "f�� �I Ali V d➢G r
/.��` \�
`k� \. r y,
x
`*SEAL
y B
�= rr wl
asrz'�'u tt�u - 4\ '`y (� 7 qY } j Daniel P. Aguilar, Vice President
State of California
Coulm,yOofL An eL'.es SS: 9i t �k;I �I -
OOO his 't- da., =o a 2011, before rte nnifei ecoil= =a=a nota '�' k �%fi� li d ,k� -
ry, ry pubhe pe t;o a ayl pp at dI, snick P. Aguilar, =e J;resident _
� encan Co tra rs Indemnity Company, °I exas Bonding Company, United Sttateslisr ety �Co pany and Spsialtyinsurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s) or the entity upon behalf of which the person s acted, executed the instrument
W ertdy 0d�.EN TY OF PERORI �eEU elll�iaav}s' tithe State of Caafo n -ha�he MAR paragraph i itru ann c rre g
jsw� ES rr)ah i and off cial Seal. (i UU N == JENNIFER CERON
d comrlsslon s 1866484 z
Signature f QUA (/Q1M. s (Seal) < o Notary Public - Callfornla
Los Angeles County
man e a BnMyComm Expitts6ep27 2813
m +ia iI'�110i^I
I, Jeanni' J. K rntA sistant Secretarg�fAmenc�n fvontractors Indemnity r o SI •ndmg Company UmtecOtates
ompanyy and i S. ecialty Insurance�C�omn an tits_ lMM %, ertify that the ablouel actiid ee 'o Il �laig' a true and correcfe° o#' a ow,�x
7 ^ "Jilif tipR gP.tilr w �t6'
Attomey,ecuted by said CompamwlIns strtf in full force and effec�fifitrt}iemnore, he resolutions of the Bo_a o3Jie'ctors, -
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 20TH day
of jum am 1 2011.
- ..rparato�eals ,
.f ■mmao - SL I,r
Bond No. 1000883283 3 vnsan s EN Jeannie J. Kim, Assistant Secretary
Agency No. 9007
IN! Se.`" 4'4a —Ihj^ IJ, �j4 ll�
i�. G,t (�I 'i "v. ,M ���, ti •�t�l '�,F ltl.F�'I "y UI •'t �_, ►l •I, ->
State of California
County of ---.1 ✓t_ L:A! V-k? tl�
l
On �1T 23.1 before me,
Data
personally appeared
YVETTE V. LEONE
_ Commission a 1963636
L
•'° Notary Public - California z
San Bernardino Countp
M Comm. Ex ires Jul 11. 2015
C
Narre(s) of
CIVIL CODE § 1189
i i✓
who proved to me on the basis of satisfactory
evidence to be the person whose name( is /Ve
subscribed to the within instrument and ackno ledged
to me that he /96 /they executed the same in
his /4r /thplir authorized capacity(iis), and that by
his /her /their signature(s) on the instrument the
person(§'), or the entity upon behalf of which the
person() acted, executed the instrument
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
rb
Signature:
Place Notary Seal Above / SignatVfre of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
e
• Partner — ❑ Limited ❑ General Top of thumb here
• Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer— Title(s):
❑ Individual
• Partner — ❑ Limited O General Top of thumb here
• Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
C 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1.800- 8]6.662]) Item 45907
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 1000883283
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,047.00, being at the rate of $ $30 per
thousand of the Contract price.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Edward Kruse DBA True Line Surfacing hereinafter designated as the "Principal," a
contract for the agreement for the maintenance of basketball and tennis courts, located
at 38th Street Park, Balboa Island Park, Bonita Canyon Sports Parks, Buffalo Hills Park,
Channel Place Park Grant Howaid Park and Irvine Terrace Park in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
NOW, THEREFORE, we, the Principal, and American Contractors Indemnity
Company, duly authorized to transact business under the laws of the State of California
as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport
Beach, in the sum of Thirty five thousand six hundred and ninety four Dollars and
001100 ($35,694.00) lawful money of the United States of America, said sum being
equal to 100% of the estimated amount of the Contract, to be paid to the City of
Newport Beach, its successors, and assigns; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers;
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
event the City is required to bring an action in law or equity against Surety to enforce
the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 20TH day of JUNE .20 i
EDWARD C. KRDSE DBA: TRUELINE DBA:
TRDELINE SURFACING
Name of Contractor (Principal)
AMERICAN CONTRACT
INDEMNITY COMPANY
Name of Surety
625 THE CITY DRIVE SO. #130
ORANGE, CA 92868
Address of Surety
(714) 740 -7000
Telephone
Authorized Signature/Title
Dom_
Authorized Agent Signature
KHOI TRAM, ATTORNEY-IN-FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
CALIFORNIA • ACKNOWLEDGMENT
.<K.�i.ai'rA. arts. aL�>,..5..'�G.aw.�G.- ,S�i•�SG.a a>,.. aM „S, \L.�iG:�>,a<.w �S,..C�>.: ate- �v.->, c_. ��ca<, y-.>. s�> :�S.aS:= �:= �e.3.;'•hC.w.�G�<�Ga
State of California
County of ORANGE
On JUNE 20, 2011 before me, CHRIS THEVENY, NOTARY PUBLIC
Date Here Insert Name and Tim, at tae Officer
personally appeared RHOI IRAN
Names) of Signer(s)
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): —
❑ Partner — ❑ Limited ❑ General
tg Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing
AMERICAN CONTRACTORS
INDROITY COMPANY
RIGHTTHUNWRINT
OF SIGNER; - -
LN
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —i1 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
'R_IGHTTHUPaaPRINr
- OFSIGNER
.✓�_:L✓Cy✓4v %.�4SL.GL,SV 4_✓$4GV 4�<vG$'�GV 4v4�✓$L.CC✓4$•✓,_<<L,GC�CV «.< v4. C�. CV: L, S�! ti4444_fj�2v ✓L�✓!.- `✓,1.!._:4�✓.
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that
he /she/they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the
instrument the person(s), or the entity upon behalf of
CHRIST #
. , : 79
�
which the person(s) acted, executed the instrument.
"° Notary Public - California
'
orange County
I certify under PENALTY OF PERJURY under the laws
a tnycomm. ExPfreslyllay2.2012
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h an icial seal
Signature
Place Notary Seal Above
Signat atary Public
OPTIONAL
Though the information below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: BOND NUMBER: 1000883283
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): —
❑ Partner — ❑ Limited ❑ General
tg Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing
AMERICAN CONTRACTORS
INDROITY COMPANY
RIGHTTHUNWRINT
OF SIGNER; - -
LN
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —i1 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
'R_IGHTTHUPaaPRINr
- OFSIGNER
.✓�_:L✓Cy✓4v %.�4SL.GL,SV 4_✓$4GV 4�<vG$'�GV 4v4�✓$L.CC✓4$•✓,_<<L,GC�CV «.< v4. C�. CV: L, S�! ti4444_fj�2v ✓L�✓!.- `✓,1.!._:4�✓.
In
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
California Ep- ti5h- Mc
),RE E N'T
pW e
-FAWW�i7 THESE I f MR1 I I 1 0.
C tr t `-jr)IM OM P
gn on ac WK
assume nai ors Indemnity %0607, jW- rporation, Un
1K 1111 1 or RIMM Wa S me
1181 d Al Nhfj ""116 el
!Mmpai�y; a Maryland corporation a Kri, �j 'i
I
,Ihsurance Company, a TIMES UNPatid-n (collectively, the "Cornpanieg�y--, do By
these presents make, constitute and appoint:
Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina Johansson, or
with full pWergfiffl-g-iffiaiM M M.
recognizancow-IM Tim
10MOVIA f surety, proviffing-ifiVIstmW
penalty does not exceed *****Three Million * * * ** Dollars (S * *3.000 ()00 00** .
This Power of Attorney shall expire without further action on September 27, 2013. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Comparries:_
isW S� shall be and is
3 resident, any SecimhurM�- horeb VoMwi[h zglil
d , ��
I
dr AN
Mr� T---Mfnt any one or more� orn (�s)-in-Fact to repr-WmVERWI: Mrfwn�aWf the Company sob 00, f'osmbg
cem iiM- a
p
�Attorney -in -Fact may be given full power and auffority for and in the name of and on behalf of the Company, to execute, acknowledge and deliv.Waay and all bonds,
recognimnees, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the
Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President
and sealed and effected by the Corporate Secretary.
B attorney any
h upon the
17
IN WITNESS seals to be hereo affixed, this
4" day of January, 2011.
AMERI,
UNIT]
NY
1"-1
JNMVNWLiJ FANY
Daniel P. Aguilar, Vile-e President-��
State of California Ti N�T
County qf,L;7S`OAZ&,hDS SS:
�111AI 1"11 -MW
AN pfp ai��af pffi a] 0 Met P. AguflarM 1%sid-MM-f MV
this IKA6�&uary, 2011, be M-Ker.01-p-m7notarypubliA. , g
ED 1 4f�,, - 'Vib r
TanericWii Contractors Indemnity CorWiiy,=xas Bonding Company, United States Surety Company and U.S. SpKKdtyTMMau7ce
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s), or the -entity upon behalf of which the person s) I acted, executed the instrunient.
A R Fy I LT0 S fl iIthe State of CMNr=Zbr
E!dv!%-P&i TY OF PERM wer
woffily ;, , 111a I K Magog paragraph StrumnZI C�( U7.
VM- TW Mand official seal. 1111; 2 1 ----- -----
JENNIFER C RON 144
Commission 0 1866484
Signature /-&jam (Seat) .1 Notary Public - Callforria
Los Angeles County
My Comm, Expires Sep 27. 2013
It, 2
Caig MrRFACBM Indemnity
I en Afr— NI Msistant Secretai%-pfZ�gqgn , 0I Oman gRi9kas 111B 61 ia)i Company, U pant' Specialty Insura -er - entry that me D'VIN INIO 411 11 itrue and Corr a- -
wi er 111
Lis A5W", y Mcd" b by said a i d C o mp aa—WN3 NMETIrs s ff If i -n'ffi I I force c e a n d effect
WE V' F e"Iffe resolutions of the BM 0 -IrectoM-,
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 20TH day
of- JUKE Mil.
MON a 92
A I g
qapy� Ai V7
All 11 11�
TO ID
V
Bond No, 1000883283 Jeannie J. Vim, Assistant Secretary
Agency NO. 9007
IV — -
r di
MMM M94 Inp�)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CnnL CODE § 7789
State of California
County of SQ v2 r VlIh�GC� /1 1
On < AA1�i T` -- =A1 before me, ��f/ec� y L�1it Q ,�I(1 [ fM t' u1� t i
pate / V Here Insert Name and True all me Officer )
personally appeared d %
YVETTE V LEONE
Commission 8 1943636
•'° Notary Public - California a
San Bernardino County
M Comm. Expires Jul 11, 2015 .
who proved to me on the basis of satisfactory
evidence to be the person whose name( Is /0
subscribed to the within instrument and acknowledged
to me that he /sV6 /they executed the same in
his /her /their authorize and that by
his /h #r /their signature( on the instrument the
person('), or the entity upon behalf of which the
person) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand a/nndd, official seal.
Signature: ! N✓V L �,
Place Notary Seal Above OPTIONAL Slgnattie of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer— Title(s):
❑ Individual
• Partner — ❑ Limited ❑ General Top of thumb here
• Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — 71 Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1.800.876 -6827) Item 45907